Vietnam: Guidelines for calculating annual leave in 2023 for employees? In what cases do employees take unpaid leave?
Guidelines for calculating leave in 2023 for employees in Vietnam?
Pursuant to Article 113 of the Labor Code 2019 of Vietnam, the provisions on annual leave of employees are as follows:
Article 113. Annual leave
1. Any employee who has been working for an employer for 12 months is entitled to fully-paid annual leave, which is stipulated in his/her employment contract as follows:
a) 12 working days for employees who work in normal working conditions;
b) 14 working days for employees that are minors, the disabled, employees who do laborious, toxic or dangerous works;
c) 16 working days for employees who do highly laborious, toxic or dangerous works.
2. An employee who has been working for an employer for less than 12 months will have a number of paid leave days proportional to the number of working months.
3. An employee who, due to employment termination or job loss, has not taken or not entirely taken up his/her annual leave shall be paid in compensation for the untaken leave days.
4. The employer has the responsibility to regulate the timetable for annual leaves after consultation with the employees and must give prior notice to the employees. An employee may reach an agreement with the employer on taking annual leave in instalments or combining annual leave over a maximum period of up to 03 years.
5. When an employee takes his/her annual leave before salary payment is due, he/she may receive an advance in accordance with Clause 3 Article 101 of this Labor Code.
6. When taking annual leave, should the employee travel by road, rail, water and the travel days, the traveling time in excess to 02 days will be added to the annual leave days, and this policy shall only be granted once for an annual leave in a year.
7. The Government shall elaborate this Article.
Accordingly, the employee's annual leave is calculated as follows:
- An employee who works for a full 12 months for an employer is entitled to annual leave and full salary according to the labor contract as follows:
+ 12 working days for people doing work under normal conditions;
+ 14 working days for minor employees, employees with disabilities, people doing heavy, hazardous or dangerous occupations and jobs;
+ 16 working days for people doing particularly heavy, hazardous and dangerous occupations and jobs.
- An employee who has worked for less than 12 months for an employer shall take annual leave in proportion to the number of months worked.
- In case due to severance, job loss but not taking annual leave or not taking all the annual leave days, the employer shall pay the salary for the days not off.
- The employer is responsible for prescribing the annual leave schedule after consulting the employee and must notify the employee in advance. The employee can agree with the employer to take annual leave in several installments or take a combined leave up to once every 03 years.
- When taking annual leave without reaching the salary payment period, the employee is entitled to advance his/her salary as prescribed in Clause 3, Article 101 of the Labor Code 2019 of Vietnam.
- When taking annual leave, if the employee travels by road, rail or waterway but the number of days traveling both to and from 02 days, from the 3rd day onwards, the travel time is calculated in addition to the annual holiday and is only counted for 01 vacation in the year.
In addition, for every full 05 years of working for an employer, the number of annual leave days of the employee as prescribed in Clause 1, Article 113 of the Labor Code 2019 of Vietnam is increased by 01 day.
Vietnam: Guidelines for calculating leave in 2023 for employees? In what cases do employees take unpaid leave?
Guidelines for calculating leave days in 2023 for civil servants and public employees in Vietnam?
- According to the provisions of Article 13 of the Vietnam Law on Cadres and Civil Servants 2008, the right of annual leave of cadres and civil servants is as follows:
+ Civil servants are entitled to annual leave in accordance with the labor Vietnam Law.
+ In case due to task requirements, civil servants do not use or do not use up the number of annual holidays, in addition to salary, they will also be paid an additional amount equal to salary for non-vacation days.
- According to the provisions of Article 13 of the Vietnam Law on Public Employees 2010, the employee's right to annual leave is as follows:
+ Employees are entitled to annual leave in accordance with the Vietnam Law on labor.
+ In case due to work requirements, the employee does not use or does not use all the annual vacation days, he/she will be paid an amount for the non-vacation days.
+ Employees working in mountainous, border, island, remote, remote areas or other special cases, if required, are entitled to combine the number of vacation days of 02 years to take a leave once; if the number of leave days of 03 years must be combined to take a one-time leave, the consent of the head of the public non-business unit must be obtained.
In what cases do employees take separate leave to receive full salary? What cases take unpaid leave in Vietnam?
Pursuant to Article 115 of the Labor Code 2019 of Vietnam, this content is as follows:
- An employee is entitled to take a fully paid personal leave in the following circumstances, at long at is notified to the employer in advance:
+ Marriage: 03 days;
+ Marriage of his/her biological child or adopted child: 01 day;
+ Death of his/her biological or adoptive parent; death of his/her spouse’s biological or adoptive parent; death of spouse, biological or adopted child: 03 days.
- An employee is entitled to take 01 day of unpaid leave and must inform the employer in the case of the death of his/her grandparent or biological sibling; marriage of his/her parent or natural sibling.
- The employee may negotiate with his/her employer on taking unpaid leave other than the leave stipulated in Clause 1 and Clause 2 of this Article.
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